BRIXEY v. HOFFMAN

No. 12607.

611 P.2d 1000 (1979)

101 Idaho 215

Shawn Lynn BRIXEY, a Minor who sues by his next friend, Roy D. Brixey, Plaintiff-Respondent, v. Ira J. HOFFMAN, Defendant-Appellant, and Nicholas Bond, Defendant.

Supreme Court of Idaho.

On Rehearing February 5, 1980.


Attorney(s) appearing for the Case

Jon J. Shindurling of May, May, Sudweeks & Shindurling, Twin Falls, for defendant-appellant.

Jay D. Sudweeks, Twin Falls, for defendant-appellant on rehearing.

James T. Jones of Jones & Fuller, Jerome, for plaintiff-respondent.

Before DONALDSON, C.J., BAKES, McFADDEN and BISTLINE, JJ., and BEEBE, J. Pro Tem.


BAKES, Justice.

This appeal is taken from a judgment in favor of the respondent, a minor child, against two co-conservators of the child's estate for breach of their fiduciary duties. The principal issue raised is whether the trial court erred in holding the appellant, one of the conservators, liable for the other conservator's conversion of some insurance proceeds in the child's estate. We reverse.

The respondent...

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